Act swiftly against contractors not giving Covid-19 protective gear to safai kamgars : HC

Bombay high court.
MUMBAI: Bombay high court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to take swift action on complaints by contract sanitation workers against contractors not giving them Covid-19 protective gear. The court was informed that they received only one cotton mask and a pair of gloves to use for a month.
Justice Burgess Colabawalla, via videoconference, heard a petition filed by Kachara Vahatuk Shramik Sangh seeking proper supply of masks, gloves, uniforms, detergents and sanitisers for safai kamgars employed on contract basis in the civic Solid Wastes Management Department. The Sangh represents some 4000 contract safai kamgars.
Advocate Jane Cox, alongwith advocate Karishma Rao, submitted that after the petition was filed last month, only those workers in quarantine centres have been given protective gear. They also informed that safai kamgars are now allowed to use the chowkies used by permanent workers for water and cleaning up. Cox urged the court to direct BMC to provide fresh masks, gloves and uniforms along with a special daily allowance of Rs 300/- as paid to permanent sanitation workers. She also said five contract safai kamgars have tested positive for COVID 19 along with their families. "If these workers get COVID, they will spread it throughout the city where they are working and living, '' Cox said.
Justice Colabawalla questioned how contract sanitation workers could be given just one mask and a pair of gloves for a month. Senior advocate Anil Sakhare, for BMC, denied the petitioner's general allegation saying there are no specific instances pointed out. He said the civic body is complying with the Central and state governments' directives on the distribution and use of Personal Protective Equipment (PPEs). Sakhare also said the responsibility of taking safety measures for contract safai kamgars lies with the contractors and BMC will take necessary steps to ensure there is compliance of all safety measures by contractors.
Sakhare said wherever the contractors are not complying, the contract safai kamgars may complain to the assistant municipal commissioners at the local ward offices. But Cox pointed out that there are hundreds of contractors and none are complying with safety measures. She said in the light of Covid-19, it would be BMC's obligation to provide sufficient protective gear for sanitation workers. Cox also said if there is a monetary issue, BMC can adjust it with the contractor. "Safai kamgars should not suffer because of this, ''she added.
In his order, Justice Colabawalla noted that in the light of Sakhare's statement , complaints may be made in case of non-compliance of safety measures and BMC must immediately examine and take swift action against contractors, if the complaints are found to be true.
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